THE STATE OF NEW MEXICO CHILDREN, YOUTH AND FAMILIES DEPARTMENT PROTECTIVE SERVICES DIVISION REQUEST FOR PROPOSALS (RFP) CHILD ADVOCACY CENTERS

Transcription

1 THE STATE OF NEW MEXICO CHILDREN, YOUTH AND FAMILIES DEPARTMENT PROTECTIVE SERVICES DIVISION REQUEST FOR PROPOSALS (RFP) CHILD ADVOCACY CENTERS (Revised 2/15/2018) RFP# Issuance Date: January 30, 2018 Proposal Due Date: March 27, 2018 (revised)

2 I. INTRODUCTION... 1 A. PURPOSE OF THIS REQUEST FOR PROPOSALS... 1 B. BACKGROUND INFORMATION... 1 C. SCOPE OF PROCUREMENT... 2 D. RFP PROCUREMENT MANAGER... 3 E. DEFINITION OF TERMINOLOGY... 4 F. PROCUREMENT LIBRARY... 8 II. CONDITIONS GOVERNING THE PROCUREMENT.9 A. SEQUENCE OF EVENTS... 9 B. EXPLANATION OF EVENTS Issuance of RFP Acknowledgement of Receipt Pre Proposal Conference Deadline to Submit Written Questions Response to Written Questions Submission of Proposal Proposal Evaluation Selection of Finalists Finalize Contractual Agreements Contract Awards Protest Deadline C. GENERAL REQUIREMENTS Acceptance of Conditions Governing the Procurement Incurring Cost Prime Contractor Responsibility Subcontractors/Consent Amended Proposals Offeror s Rights to Withdraw Proposal Proposal Offer Firm Disclosure of Proposal Contents No Obligation Termination Sufficient Appropriation Legal Review Governing Law Basis for Proposal Contract Terms and Conditions Offeror s Terms and Conditions Contract Deviations Offeror Qualifications Right to Waive Minor Irregularities Change in Contractor Representatives Notice of Penalties Agency Rights Right to Publish Ownership of Proposals Confidentiality Electronic mail address required Use of Electronic Versions of this RFP Campaign Contribution Disclosure Form Letter of Transmittal Pay Equity Reporting Requirements Disclosure Regarding Responsibility New Mexico Preferences ii

3 III. RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES B. NUMBER OF COPIES Hard Copy Responses C. PROPOSAL FORMAT Proposal Content and Organization IV. SPECIFICATIONS A. DETAILED SCOPE OF WORK B. TECHNICAL SPECIFICATIONS Organizational Capacity Program Approach & Concept Outcome Evaluation, CQI & Documentation Target & Special Populations Funding Sources Organization References 30 C. BUSINESS SPECIFICATIONS Cost Response Form Financial Stabilty Letter of Transmittal Campaign Contribution Disclosure From Pay Equity Reporting New Mexico Preference Resident/Veteran..31 V. EVALUATION A. EVALUATION POINT SUMMARY...31 B. EVALUATION FACTORS B.1 Organizational Capacity (See Table 1) B.2 Program Approach & Concept (See Table 1) B.3 Outcome Evaluation, CQI & Documentation (See Table 1) B.4 Target & Special Populations (See Table 1) B.5 Funding Sources (See Table 1) C.1. Cost Response Form (See Table 1) C.2. Financial Stability (See Table 1) C.3. Letter of Transmittal (See Table 1) C.4. Campaign Contribution Disclosure Form (See Table ) C.5. Pay Equity (See Table 1) C.6. New Mexico Preferences (See Table 1)...33 C. EVALUATION PROCESS..32 ACKNOWLEDGEMENT OF RECEIPT FORM APPENDIX A 34 CAMPAIGN CONTRIBUTION DISCLOSURE FORM APPENDIX B.35 SAMPLE CONTRACT APPENDIX C.36 COST RESPONSE FORM APPENDIX D 61 LETTER OF TRANSMITTAL FORM APPENDIX E..66 RESIDENT VETERANS CERTIFICATION APPENDIX F 67 iii

4 I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS 1 The New Mexico Children, Youth and Families Department, Protective Services Division (PSD), has been issued funding for the purpose of developing and maintaining culturally competent and sustainable Child Advocacy Centers (CAC) in New Mexico. The issuance of this Request for Proposal (RFP) is to solicit sealed proposals to establish contract(s)/agreement (s) through competitive negotiations for CAC s that are dedicated to providing an array of child abuse or neglect intervention services in order to minimize the long-term effects of child maltreatment and promote meaningful community involvement and shared responsibility. These services include, but are not limited to the following elements: 1. On-site and/or off site forensic interview services; 2. Family and child advocacy services; 3. Mental Health services; 4. Medical services; 5. Multi-Disciplinary Team (MDT) coordination and facilitation; 6. Case review and case tracking; and 7. Creation, development and facilitation of community partners to strengthen connections within and between families as well as the community to promote child abuse prevention. All services, coordination and resources funded through this RFP shall be designed to be flexible to meet the needs of families, victims, and MDT members at the local and/or regional levels. Services should be inclusive as well as responsive to the ethnic, cultural, racial and socioeconomic diversity of the state and local community. Forensic Interviews and Family Advocacy Services are critical to a family whose children are experiencing physical abuse, sexual abuse or who have witnessed violent crimes. Furthermore, the CAC ensures that every child or youth who is referred to Forensic Interviews and Family Advocacy Services from Law Enforcement, CYFD or the District Attorney receives the best possible care, treatment and support. In addition to the service array, a CAC should be in good standing or striving toward meeting National Children s Alliance (NCA) standards to ensure children that are served by a CAC receive consistent, evidence based, interventions that help them heal. B. BACKGROUND INFORMATION In 2014, Governor Susana Martinez issued Executive Order , directing CYFD to provide coordinated delivery of resources in the city of Albuquerque at the Albuquerque Family Advocacy Center (AFAC) and permanently transfer a team of PSD investigators to AFAC to better improve communication between CYFD and Law Enforcement. Furthermore the order directed the implementation of a Child Advocacy pilot program in Valencia County that would obtain suitable office space to accommodate the MDT. The Valencia CAC was to coordinate with stakeholders to include: law enforcement agencies, social service providers, clinical health providers, mental health providers, government and non-profit educators to implement additional CACs throughout the State of New Mexico. As directed, CYFD requested and received an appropriation to meet the need of AFAC co-location of PSD investigations, local law enforcement, sexual assault nurse examiners and community based service providers. CYFD developed and completed the Valencia co-location pilot program as well as supported the organizational development and service array of CACs located throughout New Mexico in through an RFP process. CYFD provided further funding for forensic interviewing and family advocacy through a separate contract and funding. Forensic Interviews remain a critical service due to the number of children, youth and young adults who are subjected to abuse, neglect, sexual assault, or who witness a violent crime continues to trend upwards in New Mexico.

5 Through this RFP, CYFD will fund offerors to establish and maintain a CAC that will facilitate an MDT, meet the need for forensic interviews and family advocacy to address the unique demographics in the community. Mission of Children Youth and Families Department: Improving the quality of life for our children. Operating Principles: Be kind, respectful and responsive. Be child/youth-centric. Create a culture of accountability and support Simplify: Do fewer, bigger things that produce results. Behavioral Health and Program Support strategically enveloped in all programs. It s all about the quality of our workers. CYFD Strategic Planks: Shore up our Core Functions- Back to Basics Prevention Law Enforcement Communications Financial Controls Community Engagement The Children, Youth and Families Department (CYFD) began operating in 1992, following passage of the Children, Youth and Families Act by the New Mexico State Legislature in The Act described the agency purpose as follows: To administer all laws and exercise all functions formerly administered and exercised by the youth authority, as well as administering certain functions related to children, youth and families that were formerly administered by other departments or agencies of the state; To assist in the development of state policies and plans for services to children, youth and families, including policies and plans that endeavor to strengthen client self-sufficiency and that emphasize prevention without jeopardizing the necessary provision of essential treatment and early intervention services; To advocate for services for children, youth and families as an enduring priority in New Mexico; and To provide leadership to other agencies that serve children, youth and families to ensure a coordinated and integrated system of care and services for children, youth and families. CYFD has 45 offices statewide that provide an array of services in local communities where we partner with other public, private and non-profit agencies to address the needs of children and families. C. SCOPE OF PROCUREMENT Funding under this RFP will be awarded for a term of four (4) years, one year (1) with three (3) one (1) year renewals in accordance with NMSA 1978 Section (B). Continuation of the contract and amount of funding is contingent upon the annual appropriation made by the New Mexico Legislature, contract/agreement compliance and the Contractor s ability to provide successful services. Should contract/agreement non-compliance be determined, the contract/agreement may be terminated or amended with revised contract/agreement terms. Contract/Agreement amendments may also be developed to effect mutually agreed upon contract terms. 2

6 The total amount of the contracts issued under this RFP may be less or greater than the amount indicated during the effective period of this RFP. The intent of this RFP is to issue multi-award contracts/agreements of the funds. This procurement will result in multiple contracts/ agreements between two parties dependent on the number and quality of the proposals received. The procurement may ONLY be used by those two parties exclusively. Final funding decisions will be made to ensure an adequate service array in all geographic areas of the state. D. RFP PROCUREMENT MANAGER 1. The Children, Youth and Families Department has assigned an RFP Procurement Manager who is responsible for the conduct of this procurement whose name, address, telephone number and address are listed below: Name: Address: Fran Dunaway, CYFD Chief Procurement Officer Children, Youth & Families Department Administrative Services Division P.E.R.A. Building, Room, 103B 1120 Paseo De Peralta Santa Fe, NM Telephone: (505) All deliveries of RFP responses via express carrier must be addressed as follows: Name: RFP Name: Address: Fran Dunaway, RFP Procurement Manager c/o Emily Martin, CYFD Protective Services Division Child Advocacy Centers RFP#: Children Youth and Families Department Administrative Services Division, Contract Development Unit P.E.R.A. Building, Room 103B 1120 Paseo De Peralta Santa Fe, NM Any inquiries or requests regarding this procurement should be submitted, in writing, to the assigned RFP Procurement Manager. Offerors may contact ONLY the RFP Procurement Manager regarding this procurement. Other state employees or Evaluation Committee members do not have the authority to respond on behalf of the CYFD. Protests of the solicitation or award pursuant to NMSA 1978, must be delivered by mail to the Protest Manager. As A Protest Manager has been named in this Request for Proposals, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. ed protests will not be considered as properly submitted nor will protests delivered to the RFP Procurement Manager be considered properly submitted. Space left blank intentionally. 3

7 E. DEFINITION OF TERMINOLOGY This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations Advocacy Services means the provision of services to help reduce trauma for the child and non-offending family members. Procuring Agency means the Children, Youth and Families Department (CYFD) the State Procuring Agency sponsoring the Procurement action. Authorized individual person means an individual authorized to obligate the company (responding proposer) for this RFP. Award means the final execution of the contract/agreement document. Business Hours means 8:00 AM thru 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given. Case Review means the formal process which enables the MDT to monitor and assess its effectiveness independently and collectively ensuring the safety and well-being of children and families. It is intended to monitor current cases and is not meant as a retrospective case study. Case Tracking means a systematic method in which specific data is routinely collected on each case served by the CAC organization. Case tracking systems are generally computerized, but in some communities with limited resources or small caseloads, case tracking may be done manually. Child-Focused Setting means a separate, child-focused setting designed to provide a safe, comfortable and neutral place where forensic interviews can be conducted and other services can be provided for children and families. Child Advocacy Center (CAC) means a safe, child friendly and trauma informed location for children to come to speak with trained professionals and receive services from a team of professionals that include medical professionals, law enforcement, mental health, prosecution, child protective services, victim advocacy, and others that together make decisions about how to help a child that has been abused. CACs offer therapy, medical exams, courtroom preparation, victim advocacy, case management, and forensic interviews to children and non-offending parents. CACs provide coordination of multi-disciplinary team professional members of law enforcement, mental health, prosecutors, child protective services, victim advocacy, and domestic violence. Coordination includes case review meetings and case tracking. Clinical Supervision means a face-to-face, group or individual supervision of treatment staff by a supervisor who meets relevant licensing requirements. The supervisor promotes the development of skills and responsibility in the delivery of counseling or CAC therapeutic services. Close of Business means 5:00 PM Mountain Standard or Daylight Time, whichever is in use at that time. Collateral Contacts means sources that provide additional information to support or reinforce the assessment/evaluation and the treatment of clients. Confidential means confidential financial information concerning Offeror s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA A-1 to 57-3A-7. See NMAC As one example, no information that could be obtained from a source outside this request for proposals can be 4

8 considered confidential information. Confidentiality also applies to the information obtained from and about the clients the CAC will serve. See page 23 below. Contract/Agreement" means any agreement for the procurement of items of tangible personal property, services or construction. Contractor" means any business having a contract with a state procuring agency or local public body. Core Requirements means the minimum activities required to be provided in any specific service component. Cultural Competency means the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community. Determination" means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains. Desirable" the terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor. Electronic Version/Copy means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. The digital form may be submitted using a compact disc (cd) or USB flash drive. The electronic version/copy CANNOT be ed. Evaluation Committee" means a body appointed to perform the evaluation of Offeror s proposals. Evaluation Committee Report" means a report prepared by the Procurement Manager and the Evaluation Committee for contract award. It will contain written determinations resulting from the procurement. Family means at least one parent, guardian, or custodian and the Identified Client. Finalist means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee. Forensic Interviews means the use of a forensic interviewer to obtain a statement from a child or youth in a developmentally and culturally sensitive, unbiased and fact-finding manner that will support accurate and fair decision making by the involved multi-disciplinary team in the criminal justice and child protective systems. Formalized Session means a structured, scheduled meeting with a client. Identified Client means a Child/Youth who meets the definition of one of the target populations identified by CYFD and is under the age of 18, unless the client had prior CYFD involvement, in which case they can be up to age 21. IT means Information Technology. Mandatory" the terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor. Failure to meet a mandatory item or factor will result in the rejection of the Offeror s proposal. Medical Assessment means based on clear, undisputed observations, disclosures, and other objective evidence, a Family Advocate makes a determination that a child or youth needs a referral to a skilled medical provider, Sexual Assault Nurse Examiner (SANE) representative, hospital staff, or other clinical care facility personnel. 5

9 Medical Evaluation means a professional-level physical and health evaluation for all children who are suspected victims of child abuse who suffered physical injuries as result of the abuse, assault, neglect or maltreatment. A skilled medical provider, Sexual Assault Nurse Examiner (SANE) representative, hospital staff, or other clinical care facility personnel shall conduct the actual medical evaluation. Mental Health Assessment means a determination made by a Family Advocate based on objective evidence that a child or youth needs a referral to a skilled mental health provider, trauma-affected youth services provider, or mental health services provider in the community. This may also include the non-offending parent, caregiver, siblings, or other close relative in close proximity to the alleged incident of abuse. Mental Health Evaluation means a professional-level mental health evaluation for all children who are referred by the Family Advocate who suffered mental, emotional and trauma-affected issues as a result of abuse, assault, neglect or maltreatment. A skilled mental health provider, trauma-affected services provider, or a mental health services provider personnel shall conduct the actual mental-health evaluation. This may also include the non-offending parent, caregiver, siblings, or other close relative in close proximity to the alleged incident of abuse. Minor Technical Irregularities means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement. MIS means Management Information System, which is an electronic tracking system for clients and service delivery. Multi-Disciplinary Team (MDT) means a group of professionals who represent various disciplines and work collaboratively from the point of report to assure the most effective coordinated response possible for every child. Multiple Source Award" means an award for services, items of tangible personal property or construction to more than one Offeror. National Children s Alliance (NCA) is a professional membership organization that equips local children s advocacy centers, multidisciplinary teams and child abuse professionals with support and technical assistance to respond appropriately and effectively with allegations of child abuse or neglect. Offeror" is any person, corporation, or partnership who chooses to submit a proposal. Organizational Capacity means the capacity of an organization to oversee ongoing business and operational activities including, but not limited to, setting and implementing administrative policies, hiring and managing personnel, obtaining funding, supervising program and fiscal operations, and long term planning. Organizational structure will depend upon the unique needs of the given community, but every organization must have a designated legal entity responsible for the governance of its operations. Performance Measure means a quantitative or qualitative indicator used to assess the outcome or result of a program/or service. Performance Outcomes means mandated client status indicators that must be recorded at intake and discharge. Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements. Project means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved and project acceptance is given by the project executive sponsor. 6

10 Redacted means a version/copy of the proposal with the information considered confidential as defined by NMAC and defined herein and outlined in Section II.C.8 of this RFP blacked out BUT NOT omitted or removed. Related Field means Counseling, Human Services, Criminology/Criminal Justice, Public Administration, Educational Counseling, Education, Nursing and Health. Allied mental health field or counseling related field including social work, guidance and counseling, mental health, psychology, family studies, marriage and family therapy, family sciences, rehabilitation counseling, counselor education, or social anthropology. Relevant Experience means significant and demonstrable experience in providing the service to the target population. Request for Proposals (RFP)" means all documents, including those attached or incorporated by reference, used for soliciting proposals. Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal. Responsive Offer" means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements. RFP Procurement Manager means any person or designee authorized by a state agency or local public body to enter into or administer contracts/agreements and make written determinations with respect thereto. Sealed means, in terms of a non-electronic submission, that the proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The State reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Manager. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Procurement Manager in such cases. Staff" means any individual who is a full-time, part-time, or an independently contracted employee with the Offeror s company. Stakeholder means someone who has a vested interest in the results of services for a specific, identified client (i.e. a judge, a public defender or an attorney). Stand Alone Component means a component that does not have to be provided in conjunction with any other component. State (the State) means the State of New Mexico. State Agency means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. State agency includes the purchasing division of the general services department and the state purchasing agent but does not include local public bodies. State Purchasing Agent means the director of the purchasing division of the general services department. 7

11 Statement of Concurrence means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. We concur, Understands and Complies, Comply, Will Comply if Applicable etc.) Therapeutic Environment means a safe environment in which qualified program staff are sensitive to and interact in a supportive manner with clients. Unredacted means a version/copy of the proposal containing all complete information including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation. Warm Hand-Off means meetings that are a practice used to assist parents, guardians, or custodians in engaging in identified services that will assist in mitigating safety threats and build upon protective capacities so that a child may return home. Written means typewritten on standard 8 ½ x 11 inch paper. Larger paper is permissible for charts, spreadsheets, etc. F. PROCUREMENT LIBRARY A procurement library has been established. Offerors are encouraged to review the material contained in the Procurement Library by selecting the link provided in the electronic version of this document through your own internet connection or by contacting the Procurement Manager and scheduling an appointment. The library contains information listed below: Procurement Regulations and Request for Proposal RFP instructions: Documents included in the Procurement Library which support this RFP include: 1. CYFD, Protective Services Division Statistical Data Information, 360 Reports, and 2. National Children s Alliance Sample Statistical Data Form for Accredited Members Program: 3. National Children s Alliance Accreditation Standards for Children s Advocacy Centers (CAC), Updated 2017: Space left blank intentionally. 8

12 II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule, description and conditions governing the procurement. A. SEQUENCE OF EVENTS The Procurement Manager will make every effort to adhere to the following schedule: 9 Action Responsible Party Due Dates Sample Time Frames 1. Issue RFP CYFD January 30, Acknowledgement of Receipt CYFD/Offerors February 8, 2018 no later than 3:00pm. 3. Pre-Proposal Conference CYFD/Offerors February 8, 2018 at 1:30 pm MDST 4. Deadline to submit Potential Offerors February 15, 2018 at COB Questions 5. Response to Written RFP Procurement February 23, 2018 at COB Questions Manager 6. Submission of Proposal Potential Offerors March 27, 2018 at 3:00pm 7. Proposal Evaluation Evaluation Committee March 28 April 9, Selection of Finalists Evaluation Committee April 16, Oral Presentations Procuring April 25-26, 2018 Agency/Finalist Offerors 9. Finalize Contractual Procuring May 18, 2018 Agreements Agency/Finalist Offerors 10. Contract Awards Procuring Agency/ July 1, 2018 Finalist Offerors 11. Protest Deadline CYFD Chief Procurement Officer B. EXPLANATION OF EVENTS 15 day protest period shall begin on the day following the award of contracts/agreements and will end at 5:00 pm The following paragraphs describe the activities listed in the sequence of events shown in Section II. A., above. Issuance of RFP This RFP is being issued by the State of New Mexico Children, Youth and Families Department (CYFD) on Tuesday January 30, Acknowledgement of Receipt Potential Offerors should hand deliver, or return by the "Acknowledgement of Receipt of Request for Proposals Form" that accompanies this document, APPENDIX A, to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned to the RFP Procurement Manager by 3:00 pm MST or MDT on Thursday, February 8, 2018.

13 The procurement distribution list will be used for the distribution of written responses to questions. Failure to return the Acknowledgement of Receipt form shall constitute a presumption of receipt and rejection of the RFP, and the potential Offeror s organization name shall not appear on the distribution list. 2. Pre-Proposal Conference A pre-proposal conference will be held as indicated in the sequence of events beginning at 1:30 pm MST or MDT, Thursday February 8, 2018 the P.E.R.A Building, 1120 Paseo De Peralta, 5 th. floor Room Santa Fe NM Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the Procurement Manager (see Section I, Paragraph D). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All written questions will be addressed in writing on the date listed in the sequence of events. A public log will be kept of the names of potential Offeror(s) that attended the pre-proposal conference. Attendance at the pre-proposal conference is highly recommended, but not a prerequisite for submission of a proposal. 3. Deadline to Submit Written Questions Potential Offerors may submit written questions to the Procurement Manager as to the intent or clarity of this RFP by close of business (COB) 5:00 pm MST or MDT on Thursday, February 15, 2018 as indicated in the sequence of events. All written questions must be addressed to the Procurement Manager as declared in Section I, Paragraph D. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis of the question. 4. Response to Written Questions Written responses to written questions will be distributed as indicated in the sequence of events to all potential Offerors whose organization name appears on the procurement distribution list. (COB) 5:00 pm Friday February 23, An copy will be sent to all Offeror s that provide Acknowledgement of Receipt Forms described in II.B.2 before the deadline. Additional copies will be posted to: 5. Submission of Proposal ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 3:00 PM MST or MDT, TUESDAY MARCH 27, Proposals received after this deadline will not be accepted. The date and time of receipt will be recorded on each proposal. Proposals must be addressed and delivered to the RFP Procurement Manager at the address listed in Section I, Paragraph D2. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the: CHILD ADVOCACY CENTERS, RFP # *** Proposals submitted by facsimile, or other electronic means, will not be accepted*** A public log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to NMSA 1978, , the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract (s)/agreement(s) are awarded pursuant to this Request for Proposals. Awarded in this context means the final required state Procuring Agency signature on the contract(s)/agreement(s) resulting from the procurement has been obtained. 10

14 6. Proposal Evaluation An Evaluation Committee will perform the evaluation of proposals. This process will take place as indicated in the sequence of events, depending upon the number of proposals received. During this time, the RFP Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors. 7. Selection of Finalists The Evaluation Committee will select and the RFP Procurement Manager will notify the finalist Offerors as per schedule Section II. A., Sequence of Events or as soon as possible. 8. Oral Presentations Finalist Offerors may be required to conduct an oral presentation at a location to be determined as per schedule Section II. A., Sequence of Events or as soon as possible. Whether or not oral presentations will be held is at the discretion of the Evaluation Committee or SPD. 9. Finalized Contractual Agreements Any Contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s) as per schedule Section II. A., Sequence of Events or as soon thereafter as possible. This date is subject to change at the discretion of the State Procuring Agency office. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the time specified, the State reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process. 10. Contract Awards After review of the Evaluation Committee Report and the signed contractual agreement, the Agency Procurement office will award as per the schedule in Section II. A., Sequence of Events or as soon as possible thereafter. This date is subject to change at the discretion of the State Purchasing Division or relevant Agency Procurement office. The contract shall be awarded to the Offeror (or Offerors) whose proposals are most advantageous to the State of New Mexico and Children, Youth and Families Department, Protective Services Division, taking into consideration the evaluation factors set forth in this RFP. The most advantageous proposal may or may not have received the most points. The award is subject to appropriate Department and State approval. 11. Protest Deadline Any protest by an Offeror must be timely and in conformance with NMSA 1978, and applicable procurement regulations. As a Protest Manager has been named in this Request for Proposals, pursuant to NMSA 1978, , ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The fifteen (15) calendar day protest period shall begin on the day following the award of contracts/agreements and will end at 5:00 pm Mountain Standard Time/Daylight Time on the 15 th day. Protests must be written and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be delivered to: Fran Dunaway, Chief Procurement Officer Children, Youth and Families Department P.E.R.A Building 1120 Paseo De Perelta, Room 103B Santa Fe, New México

15 C. GENERAL REQUIREMENTS 12 Protests received after the deadline will not be accepted. 1. Acceptance of Conditions Governing the Procurement Potential Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP. 2. Incurring Cost Any cost incurred by the potential Offeror in preparation, transmission, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror. 3. Prime Contractor Responsibility Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with a state procuring agency which may derive from this RFP. The state procuring agency entering into a contractual agreement with a Contractor will make payments to only the prime Contractor. 4. Subcontractors/Consent The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the agency awarding any resultant contract, before any subcontractor is used during the term of this agreement. 5. Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The Procuring Agency personnel will not merge, collate, or assemble proposal materials. 6. Offeror s Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request addressed to the RFP Procurement Manager and signed by the Offeror s duly authorized representative. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations. 7. Proposal Offer Firm Responses to this RFP, including proposal prices for services, will be considered firm for one (1) year after the due date for receipt of proposals or one (1) year after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one. 8. Disclosure of Proposal Contents A. Proposals will be kept confidential until negotiations and the award are completed by the Agency. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material

16 that is clearly marked proprietary or confidential. The RFP Procurement Manager will not disclose or make public any pages of a proposal on which the potential Offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements: a. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. b. Confidential data is restricted to: 1. confidential financial information concerning the Offeror s organization; 2. and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, NMSA A-1 to 57-3A PLEASE NOTE: The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information. If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the Procuring Agency shall examine the Offeror s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data. 9. No Obligation This RFP in no manner obligates the State of New Mexico or any of its Procuring Agencies to the use of any Offeror s services until a valid written contract/agreement is awarded and approved by appropriate authorities. 10. Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Procuring Agency determines such action to be in the best interest of the State of New Mexico. 11. Sufficient Appropriation Any Contract/Agreement awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be effected by sending written notice to the Contractor. The Procuring Agency s decision as to whether sufficient appropriations and authorizations are available will be accepted by the Contractor as final. 12. Legal Review The Procuring Agency requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror s concerns must be promptly submitted in writing to the attention of the RFP Procurement Manager. 13. Governing Law This RFP and any Agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico. 14. Basis for Proposal Only information supplied, in writing, by the Procuring Agency through the RFP Procurement Manager or in this RFP should be used as the basis for the preparation of Offeror proposals. 15. Contract Terms and Conditions The Contract/Agreement between Procuring agency and a Contractor will follow the format specified by the Procuring Agency and contain the terms and conditions set forth in the Sample Contract/Agreement - APPENDIX C. However, the contracting Procuring Agency reserves the right to negotiate provisions in addition to those contained in this RFP (Sample Agreement/Contract) with any Offeror. The contents of this 13

17 RFP, as revised and/or supplemented, and the successful Offeror s proposal will be incorporated into and become part of any resultant Contract/Agreement. The Procuring Agency discourages exceptions from the Contract/Agreement terms and conditions as set forth in the RFP Sample Contract/Agreement. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Procuring Agency (and its evaluation team), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct. Should an Offeror object to any of the terms and conditions as set forth in the RFP Sample Contract/Agreement (APPENDIX C) strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The Procuring Agency may or may not accept the alternative language. General references to the Offeror s terms and conditions or attempts at complete substitutions of the Sample Contract/Agreement are not acceptable to the Procuring Agency and will result in disqualification of the Offeror s proposal. Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording. If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror. 16. Offeror s Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a Contract/Agreement negotiated with the Procuring Agency. Please see Section II.C.15 for requirements. 17. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the Procuring Agency and the Offeror selected and shall not be deemed an opportunity to amend the Offeror s proposal. 18. Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, and Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee. 14

18 20. Change in Contractor Representatives The Procuring Agency reserves the right to require a change in Contractor representatives if the assigned representative(s) is (are) not, in the opinion of the Procuring Agency, adequately meeting the needs of the Procuring Agency. 21. Notice of Penalties The Procurement Code, NMSA 1978, through , imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks. 22. Procuring Agency Rights The Procuring Agency in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offeror s proposal. 23. Right to Publish Throughout the duration of this procurement process and Contract/Agreement term, Offerors and Contractors must secure from the Procuring Agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or Procuring Agency Contract/Agreements deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror s proposal or removal from the Contract/Agreement. 24. Ownership of Proposals All documents submitted in response to the RFP shall become property of the State of New Mexico. 25. Confidentiality Any confidential information provided to, or developed by, the Contractor in the performance of the Contract/Agreement resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Procuring Agency. The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the Procuring Agency's written permission. 26. Electronic mail address required A large part of the communication regarding this procurement will be conducted by electronic mail ( ). Offeror must have a valid address to receive this correspondence. (See also Section II.B.5, Response to Written Questions). 27. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror s possession and the version maintained by the Procuring Agency, the Offeror acknowledges that the version maintained by the Procuring Agency shall govern. Please refer to: Campaign Contribution Disclosure Form Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, APPENDIX B, as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor or other identified official. Failure to complete and return the signed unaltered form will result in disqualification. 15

19 29. Letter of Transmittal Offeror s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX E which must be completed and signed by an individual person authorized to obligate the company. The letter of transmittal MUST: 1. Identify the submitting business entity. 2. Identify the name, title, telephone, and address of the person authorized by the Offeror organization to contractually obligate the business entity providing the Offer. 3. Identify the name, title, telephone, and address of the person authorized to negotiate the contract on behalf of the organization (if different than (2) above). 4. Identify the names, titles, telephone, and addresses of persons to be contacted for clarification/questions regarding proposal content. 5. Identify sub-contractors (if any) anticipated to be utilized in the performance of any resultant contract award. 6. Describe the relationship with any other entity which will be used in the performance of this awarded contract. 7. Identify the following with a check mark and signature where required: a. Explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section II. C.1; b. Explicitly indicate acceptance of Section V of this RFP; and c. Acknowledge receipt of any and all amendments to this RFP. 8. Be signed by the person identified in paragraph 2 above. 30. Pay Equity Reporting Requirements A. If the Offeror has ten (10) or more total employees OR eight (8) or more employees in the same job classification, Offeror must complete and submit the required reporting form (PE10-249) if they are awarded a Contract/Agreement. Out-of-state Contractors that have no facilities and no employees working in New Mexico are exempt if the Contract/Agreement is directly with the out-of-state Contractor and fulfilled directly by the out-of-state Contractor, and not passed through a local vendor. B. For Contracts/Agreements that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, Offeror must also agree to complete and submit the required form annually within thirty (30) calendar days of the annual bid or proposal submittal anniversary date and, if more than one hundred eighty (180) days has elapsed since submittal of the last report, at the completion of the Contract/Agreement. C. Should Offeror not meet the size requirement for reporting at Contract/Agreement award but subsequently grows such that they meet or exceed the size requirement for reporting, Offeror must agree to provide the required report within ninety (90) calendar days of meeting or exceeding the size requirement. D. Offeror must also agree to levy these reporting requirements on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the Agreement/Contract. Offeror must further agree that, should one or more subcontractor not meet the size requirement for reporting at Contract/Agreement award but subsequently grows such that they meet or exceed the size requirement for reporting, offer will submit the required report, for each such subcontractor, within ninety (90) calendar days of that subcontractor meeting or exceeding the size requirement. 31. Disclosure Regarding Responsibility A. Any prospective Contractor and any of its Principals who enter into a Contract/Agreement greater than fifty thousand dollars ($50,000.00) with any state Procuring Agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor s company: 16